Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

SpicyIP

JANUARY 9, 2023

The court assessed the contents of circular on “Examination of Patent Applications and Consideration of Report of Examiner by Controller” and clarified that the Controller is not permitted to raise new grounds of objection at the time of the hearing. Revenue to share copy of its report filed earlier. Annapurna Films Pvt.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

MARCH 8, 2023

Although previously no provisions and/or case law or licensing schemes addressing news aggregation existed in Greece, and despite the fact that the new right granted to press publishers by the EU has attracted severe criticism (see e.g., Reto Hilty, Valentina Moscon et al., 2121/1993 on “Related Rights”, just after Art. 43bis I.aut.,

Publishing 52

Publishing Art Related Rights Marketing 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Identifying race of plaintiffs: didn’t prove that difficult; most figures are public. public domain. Acuff-Rose), or is it worse? Who sues who? First part of the project is from the 80s. What goes on in settlement?

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

NOVEMBER 29, 2022

In a report published in September 2022, I undertook research into the national implementations of these two provisions in 11 Member States : Austria, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Malta, the Netherlands and Spain. The report was commissioned by C4C , but written in complete academic independence.

Reporting 52

Reporting Marketing Marketing Copyright 52

JIPL Online

APRIL 21, 2021

xxi] Therefore, the Court held that this placed the annotations in the public domain, and thus not eligible for copyright protection. xxvii] As a result, States might be free to manipulate the arrangements they have with private parties to circumvent the government edicts doctrine and prevent unfettered public access.

Government 98

Government Copyright Public Domain Law 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 119

Copyright Blogging Publishing Fair Use 119